Penske Break Claims Not Preempted, Workers Tell 9th Circ.

Law360, New York (September 12, 2012, 2:42 PM EDT) -- A class of Penske Logistics LLC employees on Monday told the Ninth Circuit that a lower court overreached when it found that a federal regulation preempted California state employment laws, asking the appeals court to reinstate meal and rest break claims.

The class, composed of Penske delivery drivers and installers of Whirlpool Corp. appliances in California, said in an appeals brief that U.S. District Judge Janis L. Sammartino incorrectly entered a summary judgment in favor of Penske on the underlying suit's meal and rest break claims,...